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ABI Journal

Plan Confirmation

Wednesday, December 1, 2021
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Monday, November 29, 2021
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Res Judicata Limits an Objection to a Claim Allowed in a Prior Bankruptcy

Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.

Reducing a Personal Guarantee Under a Plan Isn’t a Discharge, Fifth Circuit Says

The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.

Circuit Expands Espinosa to Include Failure to Give Notice of Third-Party Releases

Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.

Tuesday, November 16, 2021
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Eleventh Circuit Differentiates the Two Standards for Approval of Non-Debtor Releases

The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans